RAJU MINZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals arise out of common judgment of conviction and sentence by which the appellants have been convicted and sentenced under Ss. 302 and 394/34 of the IPC. Premchand @ Tete Ekka was further convicted under Sec. 411 of the IPC.

(2.) Prosecution case is about petty tea vendors becoming victim of road robbery while they were returning from a local market after daily sale.

(3.) As per the fardbeyan (Exhibit 1), recorded on 20/8/2000, informant (P.W. 5) along with his elder brother Sri Pradhan (deceased) on 19/8/2000 has gone for selling tea and snacks to Konkera market. At around 7:00 p.m., when they were returning with helper Eliazar Kullu, they were intercepted by there miscreants, one of them was having pistol in his hand and on point of it, they overpowered them. Eliazar Kullu somehow escaped from the place of occurrence. Elder brother of the informant was brutally assaulted by two of the miscreants. Informant was also assaulted with danda by the tall boy one among them. He handed over all his money and his HMT watch and the informant somehow, fled away to Village Konkera leaving behind his brother. When he returned with other co-villagers, he found his elder brother in a pool of blood and had died due to the injuries sustained by him. Name of the tall miscreant was Raju Minz and that of the others were Ajit Oraon and Premchand @ Tete Ekka. He knew all the three, as they used to frequent local market and about one and half year ago, had a scuffle with one Budhu Sao.